An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit - Waiver of Spousal Rights (California Probate Code 140-147) , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s). USLF control no. CA-04001
Santa Ana Affidavit regarding Waiver of Spousal Rights is a legal document governed by the California Probate Code Sect. 140-147. This affidavit serves as a waiver or renouncement of certain rights that a surviving spouse may have in the probate of their deceased spouse's estate. The purpose of this affidavit is to clarify that the surviving spouse willingly waives their rights to any specific assets or properties that may be distributed through the probate process. There are two primary types of Santa Ana Affidavit regarding Waiver of Spousal Rights under California Probate Code Sect. 140-147: 1. Voluntary Santa Ana Affidavit: This type of affidavit is signed voluntarily by the surviving spouse, indicating their informed decision to waive their rights to specific assets or properties within the deceased spouse's estate. The surviving spouse acknowledges that by signing this affidavit, they will have no claim or entitlement to these assets during the probate proceedings. 2. Court-Approved Santa Ana Affidavit: In some cases, a court order may be required to validate the waiver of spousal rights. In this scenario, the surviving spouse files a petition with the court, requesting approval for the waiver. Once approved, the court issues an order authorizing the surviving spouse to sign the Santa Ana Affidavit, and this document becomes legally binding. Keywords: Santa Ana Affidavit, Waiver of Spousal Rights, California Probate Code Sect. 140-147, legal document, probate, surviving spouse, renouncement, renounce rights, voluntary, court-approved, assets, properties, deceased spouse's estate, claim, entitlement, probate proceedings, court order, petition, validation, legally binding.Santa Ana Affidavit regarding Waiver of Spousal Rights is a legal document governed by the California Probate Code Sect. 140-147. This affidavit serves as a waiver or renouncement of certain rights that a surviving spouse may have in the probate of their deceased spouse's estate. The purpose of this affidavit is to clarify that the surviving spouse willingly waives their rights to any specific assets or properties that may be distributed through the probate process. There are two primary types of Santa Ana Affidavit regarding Waiver of Spousal Rights under California Probate Code Sect. 140-147: 1. Voluntary Santa Ana Affidavit: This type of affidavit is signed voluntarily by the surviving spouse, indicating their informed decision to waive their rights to specific assets or properties within the deceased spouse's estate. The surviving spouse acknowledges that by signing this affidavit, they will have no claim or entitlement to these assets during the probate proceedings. 2. Court-Approved Santa Ana Affidavit: In some cases, a court order may be required to validate the waiver of spousal rights. In this scenario, the surviving spouse files a petition with the court, requesting approval for the waiver. Once approved, the court issues an order authorizing the surviving spouse to sign the Santa Ana Affidavit, and this document becomes legally binding. Keywords: Santa Ana Affidavit, Waiver of Spousal Rights, California Probate Code Sect. 140-147, legal document, probate, surviving spouse, renouncement, renounce rights, voluntary, court-approved, assets, properties, deceased spouse's estate, claim, entitlement, probate proceedings, court order, petition, validation, legally binding.